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eBook details

• Title: William P. Newton v. James S. Cox
• Author : The Texas Court of Criminal Appeals
• Release Date : January 09, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

We granted this application to determine whether the Medical Malpractice Claims Act, which regulates contingent attorney fee contracts, establishes a cause of action for its violation. A second question is whether the Act violates the United States or Tennessee Constitutions. The Court of Appeals held that the statute is directed to the judiciary and, therefore, no cause of action is available against an attorney for its violation. As a result, they did not reach the constitutional issues. We have determined that the statute does establish a cause of action for its violation. Accordingly, the attorney fee contract in this case is voidable because it violates the public policy enunciated by the statute. We also conclude that the statute does not violate the United States or Tennessee Constitutions.

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